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Apple Auto Glass
Aqua Soleil Body & Wellness
Blue Canoe Bakery Café
Canadian Festival 2020
CIBC
CO-OP
Country Camping
DeMille's Farm Market
Ecotreats Café
Expert Hearing
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Gondwana Gallery Gifts
Home Life Realty: Garry Pawluck
In View 1-Hour Optical
Jade Palace/Buffet
Johnson Meir Insurance
Midtown Auto Service
Nico's
Okanagan S&RD Assn.
Rainbow Glass
Royal Bank
Salmon Arm Squares
Scotia Bank
Sedo's Old Fashioned Butcher
Starbucks
Subway
TD Bank
The Source
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Thread & Paper
Total Pet
Touch'A Texas
Trent Sismey Inc.
Westsyde Squares
Your Dollar Store with More

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BC Festival 2019 Colours

Royal Blue, White & Navy Blue

TERMS OF SERVICE AGREEMENT

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF  YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 05/01/2018.

ACCEPTANCE OF TERMS

The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with BC  FESTIVAL 2019 , Salmon Arm, BC, and our subsidiaries and affiliates, in association with the use of the website, which includes bcfestival2019.com, (the “Site”) and its Services, which shall be defined  below.

DESCRIPTION OF WEBSITE SERVICES OFFERED

The Site is a non-profit website which has the following description:

Our website is used for providing information to callers, cuers and dancers interested in BC FESTIVAL 2019. We provide a means of registering for BC FESTIVAL 2019 as well as up-to-date newsletters, posts regarding the festival and communications between registered   users.

Any and all visitors to our site, despite whether they are registered or not, shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS. Once an individual registers for our Services, through the process of creating an account, the user shall then be considered a “member.”

The user and/or member acknowledges and agrees that the Services provided  and  made  available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of BC FESTIVAL 2019.  At its discretion, BC FESTIVAL 2019 may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. BC FESTIVAL 2019 does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user  and/or member, acknowledge, accept and agree that BC FESTIVAL 2019 shall not be held liable  for any such updates, modifications, revisions, suspensions or discontinuance of any of our  Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance  of  such  updates,  changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you  must stop using the provided Services  forthwith.

Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such BC FESTIVAL 2019 shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization  settings.

REGISTRATION

To register and become a “member” of the Site, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing  and  not  an  individual that has been previously barred from receiving Services under the laws and statutes of the Canada and the United States or other applicable jurisdiction.

When you register, BC FESTIVAL 2019 may collect information such as your name,  e-mail  address,  birth  date,  gender, mailing address, occupation, industry and personal interests. You can edit your account information at any time. Once you register with and sign in to our Services, you are no longer anonymous to us.

Furthermore, the registering party hereby acknowledges, understands and agrees to:

  • furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process,  and
  • maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all  times.

If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, BC FESTIVAL 2019 will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of BC FESTIVAL 2019 Services, or any portion,  thereof.

It is BC FESTIVAL 2019’s priority to ensure the safety and privacy of all its visitors, users and members, especially that of children. Therefore, it is for this reason that the parents of any child under the age of 13 that permit their child or children  access  to  the website  platform  Services must create a “family” account, which will certify that the individual creating the “family” account is  of 18 years of age and as such, the parent or legal guardian of any child or children registered  under the “family” account. As the creator of the “family” account, s/he is thereby granting permission for his/her child or children to access the various Services provided, including, but not limited to, message boards, email, and/or instant messaging. It is the parent’s and/or legal guardian’s responsibility to determine whether any of the Services and/or content provided are age-appropriate for his/her child.

PRIVACY POLICY

Every member’s registration data and various other personal information are strictly protected by the BC FESTIVAL  2019  Online Privacy Policy (see the full Privacy Policy at https://bcfestival2019.com/privacy-policy/).  As a member, you herein consent to the collection and use of the information provided, including the transfer of information within Canada and/or other countries for storage, processing or use by BC FESTIVAL 2019 and/or our  subsidiaries and affiliates.

MEMBER ACCOUNT, USERNAME, PASSWORD AND   SECURITY

When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities  that transpire on or within your account. It is your responsibility for any act or omission of any  user(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your responsibility to notify BC FESTIVAL 2019 immediately if you notice any unauthorized access or use of your account or password or any  other  breach  of security. BC FESTIVAL 2019 shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.

CONDUCT

As a user or member of the Site, you herein acknowledge, understand and agree that all  information, text, software, data, photographs, music, video, messages,  tags  or  any  other  content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise  made available by way of the Services, and as such, we do not guarantee the accuracy, integrity   or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any  content posted, emailed, transmitted or otherwise made available by  .

Furthermore, you herein agree not to make use of BC FESTIVAL 2019’s Services for the purpose of:

  • uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise  objectionable;
  • causing harm to minors in any manner  whatsoever;
  • impersonating any individual or entity, including, but not limited to, any officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
  • forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
  • uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
  • uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary  relationship;
  • uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for such purpose;
  • uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication  equipment;
  • disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real time interactions;
  • interfering with or disrupting any BC FESTIVAL 2019 Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion   headers;
  • intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the Canadian or the United States Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
  • providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the Canadian or United States government as  a “foreign terrorist organization” in accordance to the Immigration  Nationality Act;
  • “stalking” or with the intent to otherwise harass another individual;   and/or
  • collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.

BC FESTIVAL 2019 herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or  members.

BC FESTIVAL 2019 herein reserves the right to access, preserve  and/or  disclose  member  account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary  for:

  • compliance with any legal  process;
  • enforcement of the TOS;
  • responding to any claim that therein contained content is in violation of the rights of any third party;
  • responding to requests for customer service;  or
  • protecting the rights, property or the personal safety of BC FESTIVAL 2019, its visitors, users and members, including the general  public.

BC FESTIVAL 2019 herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by BC FESTIVAL 2019 or any other content providers supplying content services to BC FESTIVAL 2019 . You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction,  publication,  distribution,  or  exhibition  of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.

INTERSTATE  COMMUNICATION

Upon registration, you hereby acknowledge that by using https://bcfestival2019.com to send electronic communications, which would include, but are not limited to, email, searches, instant messages, uploading of files, photos and/or videos, you will be causing communications to be sent through our computer  network. Therefore, through your use, and thus your agreement with  this TOS, you are acknowledging that the use of this Service shall result in  interstate  transmissions.

CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT   COMPLIANCE

Due to the global nature of the internet, through the use of our network you hereby agree to  comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data  may be subject to the export and import laws of Canada and the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import  laws, statutes and regulations. including, but not limited to, Export Administration Regulations.

Furthermore, you state and pledge that  you:

  • are not on the list of prohibited individuals which may be identified on any government export exclusion report nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and  regulations;
  • agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited  country;
  • agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the Canadian and U.S. export laws;   and
  • agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the Canadian, U.S. or other applicable export and/or import   laws.

CONTENT PLACED OR MADE AVAILABLE FOR COMPANY   SERVICES

BC FESTIVAL 2019 shall not lay claim to ownership of any content submitted by  any  visitor, member, or user, nor make such content available for inclusion on our  website  Services.  Therefore, you hereby grant and allow for BC FESTIVAL 2019 the below listed worldwide, royalty- free and non-exclusive licenses, as  applicable:

The content submitted or made available for inclusion on the publicly accessible areas of BC FESTIVAL 2019’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network  Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of BC FESTIVAL 2019’s sites, and shall terminate at such time when you elect to discontinue your  membership.

Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of BC FESTIVAL 2019’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of BC FESTIVAL 2019’s sites and shall terminate at such time when you elect to discontinue your   membership.

For any other content submitted or made available for inclusion on the publicly accessible areas of BC FESTIVAL 2019’s sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or  in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later  developed.

Those areas which may be deemed “publicly accessible” areas of BC FESTIVAL 2019 ‘s sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to both users and members. However, those areas which are not open to the public, and thus available to members only, would include our mail system and instant  messaging.

CONTRIBUTIONS  TO  COMPANY WEBSITE

BC FESTIVAL 2019 provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree  that:

  • your contributions do not contain any type of confidential or proprietary   information;
  • shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any  Contributions;
  • shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
  • the contributor’s Contributions shall automatically become the sole property of;   and
  • is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

INDEMNITY

All users and/or members herein agree to insure and hold BC FESTIVAL 2019 , our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any  claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our site may submit,  post,  modify, transmit or otherwise make available through our Services, the use of Services or your connection with these Services, your violations of the Terms  of Service and/or your violation of  any such rights of another  person.

COMMERCIAL REUSE OF  SERVICES

The  member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit   for any commercial reason any part, use of, or access to BC FESTIVAL 2019’s sites.

USE AND STORAGE GENERAL  PRACTICES

You herein acknowledge that BC FESTIVAL 2019 may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any   email, message posting or any other uploaded content shall be retained by BC FESTIVAL 2019 , nor the maximum number of email messages that may be sent and/or received by any member,    the maximum volume or size of any email message that may be sent from or may be received by  an account on our Service, the maximum disk space allowable that shall be allocated on BC FESTIVAL 2019 ‘s servers on the member’s behalf, and/or the maximum number of times and/or duration that any member may access our Services in a given period  of time.  In  addition,  you  also agree that BC FESTIVAL 2019 has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained    or transmitted by our Services. You  also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, BC FESTIVAL 2019 shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.

Any messenger service, which may include any web-based versions, shall allow you and the individuals with whom you communicate with the ability to save your  conversations  in  your  account located on BC FESTIVAL 2019 ‘s servers. In this manner, you will be able to access and search your message history from any computer with internet access. You also acknowledge that others have the option to use and save conversations with you in their own personal account on https://bcfestival2019.com. It is your agreement to this TOS which establishes your consent to allow BC FESTIVAL 2019 to store any and all communications on its servers.

MODIFICATIONS

BC FESTIVAL 2019 shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.

TERMINATION

As a member of bcfestival2019.com, you may cancel or  terminate  your  account,  associated email address and/or access to our Services by submitting a  cancellation  or  termination request to  info@bcfestival2019.com.

As a member, you agree that BC FESTIVAL 2019 may, without any prior written  notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited   to:

  • any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
  • by way of requests from law enforcement or any other governmental   agencies;
  • the discontinuance, alteration and/or material modification to our Services, or any part thereof;
  • unexpected technical or security issues and/or  problems;
  • any extended periods of  inactivity;
  • any engagement by you in any fraudulent or illegal activities;  and/or
  • the nonpayment of any associated fees that may be owed by you in connection with your bcfestival2019.com  account Services.

Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and    or limitations of access for cause shall be made at our sole discretion and that we shall not be   liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our  Services.

The termination of your account with bcfestival2019.com shall include any and/or all of the following:

  • the removal of  any access to all or part of the Services offered within bcfestival2019.com;
  • the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof;   and
  • the barring of any further use of all or part of our  Services.

ADVERTISERS

Any correspondence or business dealings with, or the participation in any promotions  of,  advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that BC FESTIVAL 2019 shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our   website.

LINKS

Either BC FESTIVAL 2019 or any third parties may provide links to other websites and/or  resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that BC FESTIVAL 2019 shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a   result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.

PROPRIETARY RIGHTS

You do hereby acknowledge and agree that BC FESTIVAL 2019’s Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary  and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers  is  protected by copyrights, trademarks, patents or other proprietary rights and  laws.  Therefore,  except for that which is expressly permitted by applicable law or as authorized by BC FESTIVAL 2019 or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on BC FESTIVAL 2019 Services (e.g. Content or Software), in whole or   part.

BC FESTIVAL 2019  herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by BC FESTIVAL 2019 for use in accessing our Services.

WARRANTY  DISCLAIMERS

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE   THAT:

THE USE OF BC FESTIVAL 2019 SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. BC FESTIVAL 2019 AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE  AND NON-INFRINGEMENT.

BC FESTIVAL 2019 AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) BC FESTIVAL 2019 SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii)BC  FESTIVAL 2019 SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE BC FESTIVAL 2019 SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE  SOFTWARE SHALL BE  CORRECTED.

ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF BC FESTIVAL 2019 SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR  INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.

NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM BC FESTIVAL 2019 OR BY WAY OF OR FROM   OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC  CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION,  ANY INVOLUNTARY MOVEMENT, OR  CONVULSIONS.

LIMITATION OF LIABILITY

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT BC  FESTIVAL 2019 AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS,  EMPLOYEES,  AGENTS,  PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

  • THE USE OR INABILITY TO USE OUR  SERVICE;
  • THE COST OF PROCURING SUBSTITUTE GOODS AND   SERVICES;
  • UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
  • STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR   SERVICE;
  • AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR   SERVICE.

RELEASE

In the event you have a dispute, you agree to release BC FESTIVAL 2019 (and its  officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and  unknown, suspected  or  unsuspected, disclosed  and  undisclosed, arising  out of or in any way connected to such  dispute.

SPECIAL ADMONITION RELATED TO FINANCIAL   MATTERS

Should you intend to create or to join any service, receive or request any such news, messages, alerts or other information from our Services concerning companies, stock quotes, investments or securities, please review the above Sections Warranty Disclaimers and  Limitations  of  Liability again. In addition, for this particular type of information, the phrase “Let the investor beware” is appropriate. BC FESTIVAL 2019 ‘s content is provided primarily for informational purposes, and    no content that shall be provided or included in our Services is intended for trading or investing purposes. BC FESTIVAL 2019 and our licensors shall not be responsible or liable for  the  accuracy, usefulness or availability of any information transmitted and/or made available by way     of our Services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.

EXCLUSION  AND LIMITATIONS

THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

THIRD  PARTY BENEFICIARIES

You herein acknowledge, understand and agree, unless otherwise  expressly  provided  in  this TOS, that there shall be no third-party beneficiaries to this   agreement.

NOTICE

BC FESTIVAL 2019 may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings    on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized   manner.

TRADEMARK  INFORMATION

You herein acknowledge, understand and agree that all of the BC FESTIVAL 2019 trademarks, copyright, trade name, service marks, and other BC FESTIVAL 2019 logos and any  brand  features, and/or product and service names are trademarks and as such, are and shall remain the property  of BC FESTIVAL 2019 . You  herein agree not to display and/or use in any manner the BC FESTIVAL 2019 logo or marks without obtaining BC FESTIVAL 2019’s prior written   consent.

COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES

BC FESTIVAL 2019  will always respect the intellectual property of others, and we ask that all of  our users do the same. With regards to appropriate circumstances and at its sole discretion, BC FESTIVAL 2019 may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way  that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following   information:

  • The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property  interest;
  • A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
  • A description of the location of the site which you allege has been infringing upon your work;
  • Your physical address, telephone number, and email  address;
  • A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the  law;
  • And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.

The BC FESTIVAL 2019 Agent for notice of claims of copyright or other intellectual property infringement can be contacted as  follows:

Mailing  Address:

BC FESTIVAL 2019
Attn: Copyright Agent
Box 26061
West Kelowna, BC
V4T 2G3

Telephone: 250-833-9227

Email:        info@bcfestival2019.com

GENERAL INFORMATION

ENTIRE AGREEMENT

This TOS constitutes the entire agreement between you and BC  FESTIVAL  2019  and  shall  govern the use of our Services, superseding any prior version of this TOS between you and us    with respect to BC FESTIVAL 2019 Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other BC FESTIVAL 2019 Services, affiliate Services, third-party content or third-party  software.

CHOICE OF LAW AND  FORUM

It is at the mutual agreement of both you and BC FESTIVAL 2019 with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out   of or relating to the TOS, or the relationship between you and BC FESTIVAL 2019 , shall be filed within the courts having jurisdiction within the County of , or located in said state. You and BC FESTIVAL 2019 agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the     parties by such courts and to venue in such  courts.

WAIVER AND SEVERABILITY OF  TERMS

At any time, should BC FESTIVAL 2019  fail to exercise or enforce any right or provision of the  TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this   TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and  effect.

NO RIGHT OF SURVIVORSHIP   NON-TRANSFERABILITY

You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a   copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

STATUTE  OF LIMITATIONS

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within ONE year(s) after said claim or cause of action arose or shall be forever barred.

VIOLATIONS

Please report any and all violations of this TOS to BC FESTIVAL 2019 as follows:

Mailing Address:

BC FESTIVAL 2019
Box 26061
West Kelowna,BC
V4T 2G3

Telephone: 250-833-9227

Email:        info@bcfestival2019.com